SCOTUS watch thread: Trump immunity, Capitol riot defendants, abortion, censorship
- Thread starter RoryN
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adrina
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This is the part of the court where they start creating law. They did the same thing with the Colorado Trump ballot case. This is at least the second time they've gone beyond the parameters of the issue with their decision. Effectively legislating completely new law and processes out of nowhere.
KeithD
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However, there is no chance he will take advantage of the opportunity. And Trumpers, who know he is decent and that their guy is rotten, know this and are counting on it.
Pad_Foot
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True, but how can the courts hold Biden responsible for anything next year as an Ex King?
Not that this saves us. Hey? Did you realize us means the whole United States??
HisArpy
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All this means is that the Supreme's decided that bootstrapping isn't allowed. So you can't use evidence of the official act to prove the official act was illegal.
HisArpy
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The briefs regarding a renewed motion for a directed verdict are going to be interesting.
On the one hand there is evidence of non official acts in the record.
On the other hand, there's a lot of evidence of official acts in the record.
The question is going to be whether the jury relied on the official acts evidence as part of their verdict and/or whether all of the elements of the crime are supported only by the non official evidence.
It will probably take months to sort out but I wouldn't be surprised to find that the court has no choice except to set the verdict aside. It's too tangled and the court cannot question the jurors as to their individual reasoning in determining their verdict as related to each piece of evidence. The court must assume each juror relied at least in part on the inadmissible evidence when coming to a decision because the inadmissible evidence isn't severable from the jurors reasoning since it affects how other evidence is viewed.
Also, a verdict has been given so a mistrial isn't an option anymore. All that's left is a JNOV motion (Judgement Non Obstante Veredicto - meaning judgement not withstanding the verdict).
ll74
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You can't use contextual discussion to prove that it wasn't an official act. Which basically gives the President the ability to use back channels to conspire without fear of retribution.
The Hurr interview was an official act.
butters
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you'd think, right? and the reason Sotomayor went after this so strongly in her dissent
HisArpy
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Yup. Something each and every President has done. Or do you think those closed door sessions with party members from Congress never happen? Or there aren't any pseudo-email accounts? And of course no one ever met with anyone in leadership on the tarmac at some backwater airport just to talk about their grandkids and soccer practice...
Re the Hur interview tape: Unfortunately for your analysis regarding the tapes, the House doesn't want the interview tapes to prove Joe committed a crime. OTOH, the tapes just might prove someone other than the President did do that. And then they tried to cover it up by refusing to produce records and testimony pursuant to a lawfully issued congressional subpoena.
You know, just what Steve Bannon was convicted of. Oops.
And of course, the tapes just might put the cherry on top of the Biden is senile implosion we've all been watching since last Thursday and could result in the use of the 25th Amendment.
ll74
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I don't think a personal discussion should be considered evidence just because it's during a Presidency. And certainly if you're saying unofficial acts can be prosecuted then a court should have all available context surrounding those.acts.
The House wants it for the same reason the President doesn't want them to have ...politics.
Yep...poor guy
I'm sure his ratings and livelihood are suffering.
They won't do anything except allow the House to continue their political theater, which is all they know how to do.
But by the way, I think the tapes should be turned over and subpoena power of Congress he enforced....even though it's utter horseshit.
DeluxAuto
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Enabling Act of 1933
https://en.m.wikipedia.org/wiki/Enabling_Act_of_1933
The Enabling Act of 1933
(German: Ermächtigungsgesetz), officially titled Gesetz zur Behebung der Not von Volk und Reich (lit. 'Law to Remedy the Distress of People and Reich'),[1] was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg, leading to the rise of Nazi Germany. Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government.
https://en.m.wikipedia.org/wiki/Enabling_Act_of_1933
The Enabling Act of 1933
(German: Ermächtigungsgesetz), officially titled Gesetz zur Behebung der Not von Volk und Reich (lit. 'Law to Remedy the Distress of People and Reich'),[1] was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg, leading to the rise of Nazi Germany. Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government.
Rotadom
Satan's Plaything
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Proof of this, please.
D
Deleted member 1215945
Guest
With this SCOTUS immunity crap can any president have a political adversary murdered and then pardon the assassin? If the MAGA NAZI gets in he will most certainly do this sh*t. He will have his own Gestapo do his murderous bidding I hate to see the future if the CONVICTED FELON GETS IN. Can’t all these Godly Evangelicals get that He is the Antichrist, if you so believe in those myths.
adrina
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They will say no. Just like Roberts downplayed Sotomayor. Just like in 2016 they told us that SCOTUS was safe, that Roe wouldn't be overturned, that precedent would be respected. Because the individual justices testified under oath at their confirmations. They told us that repeatedly. Just like with this they will tell us of course this is not feasible, that this will not happen, that we are over reacting, making things up. Being hysterical.
Heh.
Yes that is exactly what that means. The president could direct someone to murder someone and then pardon that person. Or they could brand another person a national security threat (evidence can be manufactured if necessary - not like that hasn't happened before) and have them arrested and taken into custody. And they will "disappear".
But hey don't worry, it's just hysteria. Like Roe. Cuz it'll never happen. Cuz they say so.
D
Deleted member 1215945
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Well said. Bravo!
The parallels continue to be drawn based on the ACTUAL things Hitler and Drumpf (and the Nazis and MAGAts) have in common.
I await a rebuttal from the RWCJ usual suspects.
D
Deleted member 1215945
Guest
That is some bull*hit considering his latest treason. You know he is as* deep in the convicted felon’s MAGA NAZI MOVEMENT. Time for impeachment when the house and senate is again dominated by Demos. Down with treasonous MAGA
Just read 1984 for gods sake!
Don't be naive. Please.
The partisan SCOTUS majority will make sure that immunity ONLY applies to Republican Presidents.
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